What is Section 45 of PMLA and Why is Arvind Kejriwal Calling for Its Abolishment?

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The Enforcement Directorate (ED) has once again summoned Delhi Chief Minister Arvind Kejriwal, marking the sixth such instance in connection with the alleged excise policy scam and subsequent money laundering allegations. While Kejriwal has consistently avoided these summons, he has been vocal in his criticism of the ED, accusing central agencies of being manipulated by the Bharatiya Janata Party (BJP).

In a recent video statement, Kejriwal took aim at the ED, suggesting that the abolishment of Section 45 of the Prevention of Money Laundering Act, 2002 (PMLA) would prompt a mass exodus of BJP leaders from the party.

“Today if we stop ED and abolish Section 45 of PMLA, half of the politicians will leave BJP. They (ED) are the only agency responsible for the leaders joining the BJP. No one will join the BJP. Leaders like Shivraj Singh Chouhan and Vasundhara Raje will form their own parties if section 45 of PMLA is abolished,” remarked Kejriwal.

Understanding Section 45 of PMLA

Section 45(1) of the PMLA establishes stringent criteria for granting bail in cases related to money laundering. It mandates that before granting bail, the public prosecutor must have an opportunity to contest the application, and the court must ascertain that there are substantial grounds to believe in the accused’s innocence and that they are unlikely to engage in criminal activities if released on bail.

Political Parties’ Opposition to Section 45

Political parties, including the Congress and AAP, have raised objections to Section 45, arguing that its stringent provisions make securing bail difficult. They claim that leaders arrested under the PMLA fear being denied bail and coerced into joining the BJP under pressure. Allegations of the BJP leveraging central agencies like the ED to intimidate opposition leaders and influence their political affiliations have been rife.

Kejriwal’s bold statement underscores the escalating tensions between the AAP-led Delhi government and the BJP, as the political landscape becomes increasingly charged ahead of upcoming elections. As the debate over Section 45 intensifies, it remains to be seen how this confrontation will unfold and what implications it may hold for the political dynamics in the country.

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